Department of Innovation and Economic Opportunity Request for Proposals: Building Opportunities for Lasting Development (BOLD) 2019 

 NOTICE OF AVAILABILITY OF FUNDS AND FUNDING OPPORTUNITY ANNOUNCEMENT FROM THE CITY OF BIRMINGHAM’S DEPARTMENT OF INNOVATION AND ECONOMIC OPPORTUNITY (IEO)   Responses to this request for proposals will be accepted between August 19, 2019, and September 13, 2019. The closing date for receipt of applications under this Announcement is September 13, 2019. IEO must receive applications according to the procedures outlined in Section V no later than 11:59:00 PM Central Standard Time in order to be eligible for review. The City of Birmingham is not responsible for and will not open any responses which are received later than the date and time indicated below. Late responses will be retained by the City.    Award announcements will occur in mid-October, and subject to approval of the Birmingham City Council where relevant, funding will be awarded by November 30, 2019. The performance period will be between December 1, 2019 and November 30, 2020.    Please note: Dates indicated above are subject to change at the sole discretion of the City.  

EXECUTIVE SUMMARY The Department of Innovation and Economic Opportunity (IEO) was created in FY 2018-2019 to execute the vision of making Birmingham a hub of qualified and diverse talent and a premier destination for small businesses, startups, and businesses looking to expand, propelling shared prosperity through innovation and inclusive growth by 2021. Mayor Woodfin was elected with the mandate to “Put People First,” and IEO is putting the residents of Birmingham first by providing economic opportunity through a relentless focus on talent: talent development, talent retention, and talent attraction.    As a part of this mission to spearhead inclusive growth and prosperity in the City of Birmingham, IEO is seeking to partner with non-profit agencies and community organizations that are taking innovative approaches to community and economic development. To facilitate these efforts, IEO is announcing the availability of up to $1,000,000 to be allocated across seven discrete categories:   

1. Commercial Revitalization District Development 2. Boosting Trade and Foreign Direct Investment 3. Young, High-Growth Firm Recruitment, Retention, and Expansion  

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4. Job Accessibility 5. Micro-Loans to Small Businesses 6. Technical Assistance for Minority-Owned, Women-Owned, and Disadvantaged Businesses 7. Social Innovation to Address a Pressing Community Problem 

 Funding will be awarded on a competitive basis through a Request for Proposal (RFP) Process. Applications are encouraged from Alabama-recognized non-profit organizations (501(c)3 status preferred), post-secondary education institutions, and relevant for-profit enterprises, particularly those with a social impact focus. Partnerships are encouraged, and groups of organizations may apply as a consortium of partners with a unified application. Grants will be awarded to organizations with missions that align with the City of Birmingham’s and IEO’s priorities.  

The RFP process is designed to operationalize the goal of growing an inclusive economy in Birmingham. This process will provide some transparency and performance-driven accountability to how the IEO distributes funds to its partners while executing strategic priorities. This approach seeks to maximize the return on the taxpayer’s dollar, using objective data to define quantifiable metrics of success.   Funding will be awarded to applicants that demonstrate:  

● A clear interest in collaboration and evidence of partnerships in the community  ● An intimate understanding of the city’s economic landscape and potential for improvement  ● A data-defined problem and a clearly articulated solution with measurable standards for 

success  ● A mission-oriented focus on building and growing a more inclusive economy in Birmingham  ● A proven track record of success in the communities applicants propose to serve  ● Leveraged resources to complement any grant funding that could be awarded  ● The capacity to execute on the scope of objectives outlined in the project narrative and 

project work plan    The City reserves the right to award agreements resulting from this RFP, which will be given to the highest rated proposal or proposals, based on the evaluation criteria set forth in this RFP.   Nothing contained herein shall obligate the City to award an agreement on the basis of this RFP. Any agreement awarded is subject to compliance with all provisions of Federal, State, and Local Laws.    The City of Birmingham reserves the right to accept or reject any or all proposals, or any part of any proposal, and to waive any informalities or irregularities in the proposal. The City of Birmingham may award contracts in whole or in part based on the needs and objectives of the City of Birmingham as expressed in this RFP. 

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  All costs incurred by an Applicant to respond to this RFP will be wholly the responsibility of the Applicant. All copies and contents of the proposal, attachments, and explanations thereto submitted in response to this RFP, except copyrighted material, shall become the property of the City of Birmingham regardless of the Applicant selected. Response to this RFP does not constitute an agreement between the Applicant and the City of Birmingham.   The City reserves the right to award all or any part of this funding, to waive any technical irregularities or omissions, or to cancel this RFP and solicit new proposals if, in the City’s sole judgment, the best interests of the City will be served.   The City of Birmingham is committed to a policy of equal opportunity and does not discriminate against vendors on the basis of age, sex, sexual orientation, race, color, creed, religion, ethnicity, national origin, disability, marital status, familial status, veteran status or any other basis protected under federal, state, and local laws, regulations, and ordinances.  It is each Applicant’s responsibility to carefully review all the requirements of this RFP, including the scope of work, specifications and terms and conditions. Further, it is the Applicant’s responsibility to ask questions, request clarification, or otherwise advise the City if any language, specifications or requirements of this RFP appear to be ambiguous, contradictory, restrictive or if they limit Applicants that could meet the requirements of this RFP to a single source.  Please submit questions related to this RFP to bold@birminghamal.gov prior to August 26, 2019. A Frequently Asked Questions (FAQ) section will be drafted and updated in response to all questions submitted on or before August 26, 2019, on the website: www.birminghamal.gov/bold.                   

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TABLE OF CONTENTS 

EXECUTIVE SUMMARY 

I. FUNDING OPPORTUNITY DESCRIPTION A. Program Purpose B. Program Design C. Targeted Service Population D. Birmingham Reports to Drive Alignment E. Funding Categories 

Category 1. Commercial Revitalization District Development Category 2. Boosting Trade and Foreign Direct Investment Category 3. Young, High-Growth Firm Recruitment, Retention, and Expansion Category 4. Job Accessibility Category 5. Micro-Loans to Small Businesses Category 6. Technical Assistance for Minority-Owned, Women-Owned, & Disadvantaged Businesses Category 7. Social Innovation to Address a Pressing Community Problem 

II. ELIGIBILITY INFORMATION A. Eligible Applicants B. Organizational Fiscal Sustainability C. Cost Matching 

III. APPLICATION AND SUBMISSION INFORMATION A. Obtaining an Application Package & IEO Point of Contact B. Submission Date, Times, Process, and Addresses C. Content and Form of Application Submission D. Funding Restrictions E. Other Submission Requirements 

IV. AWARD ADMINISTRATION INFORMATION A. BOLD Program Authority B. Award Notices C. Administrative Policy Requirements D. Performance Period 

V. APPENDICES Appendix A: Project Narrative Template Appendix B: Budget Narrative Template Appendix C: Project Work Plan Template Appendix D: Transparency in City Government Disclosure Form Appendix E: Standard Clauses for City Contracts Appendix F: General Legal Information 

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I. FUNDING OPPORTUNITY DESCRIPTION 

 

A. Program Purpose 

This announcement solicits applications for the Building Opportunities for Lasting Development (BOLD) program from the Department of Innovation and Economic Opportunity (IEO). The purpose of this grant program is to identify and form partnerships with community organizations that share IEO’s vision of propelling shared prosperity through social innovation and inclusive growth. IEO is working to make Birmingham a premier destination for small businesses and startups looking to expand, because the City is a hub of qualified and diverse talent.   BOLD seeks to propel the momentum in our economy while addressing key barriers to opportunity and economic mobility. We aim to do this by supporting organizations addressing gaps and needs in Birmingham’s local economic development infrastructure and ecosystem.    Aspects of the Birmingham economy are thriving: 

● A growing innovation economy. Our Innovation Depot, the third largest startup incubator in the country, is bursting at the seams, and we were recently named among the best cities for millennials to start a business. Additionally, Southern Research and UAB are known as national leaders in scientific discovery and progression. 

● Workforce opportunities. Many of our young people are finding new opportunities to develop skills needed to thrive in the innovation economy, from new programs at four-year universities, to two-year college partnerships, as well as programs like Birmingham Can Code and Innovate Birmingham. Furthermore, The Birmingham Promise represents a clear, institutional commitment to transform the future of Birmingham’s workforce and re-engineer the architecture of opportunity for Birmingham’s youth. 

● Gaining national recognition. Birmingham was recently designated as both a “Smart City” and a “Rise of the Rest City.” Likewise, a home-grown startup, Shipt, sold to Target and is expected to create 881 jobs in Birmingham. 

● A hub of automotive activity. With Autocar recently opening and Mercedes expanding, many of Birmingham residents are finding employment in this sector. 

  But, many of our residents are struggling to gain a foothold in the economy: 

● Too many people live in poverty. 30% of our residents and 42% of women and children are living in poverty, and labor force participation is comparatively low. Further, according to City Health Dashboard, only 14.3% of the third graders in our Birmingham City School System are reading at grade level.  

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● Too many people are out of work. Birmingham was recently ranked among the 10 worst cities to find a job out of 182 cities in the country. Four in ten adults have left the workforce, rendering a comparatively low labor force participation rate. We need to re-skill workers and provide them access to work in order to meet the needs of the modern labor market.  

● We need to expand opportunities for small businesses, especially women- and minority-owned businesses. In a city that is 74% minority, more must be done to launch and sustain minority-owned, women-owned, and disadvantaged business enterprises (DBEs). From technical assistance, to new financing tools, to mentoring and coaching, we need to examine how to empower and grow this vital part of our economy. 

● Automation threatens many jobs. As indicated in the Building (IT) Together report, many careers in Birmingham are at risk of being eliminated over the next decade as technology renders those jobs obsolete. The report suggests that as many as 58% of our jobs are at risk, so we will need to re-think how our education and training systems can prepare our workers for a more dynamic economy. 

  IEO is soliciting partners to create broader prosperity in our economy and develop new access points to opportunity for our residents. This grant provides financial support to organizations and agencies who are taking creative, evidence-based approaches to solving some of our community’s most pressing problems.   Funding will be considered for proposals that address one of the seven program categories detailed in Section I (E) “Funding Categories.” These are:  

1. Commercial Revitalization District Development 2. Boosting Trade and Foreign Direct Investment 3. Young, High-Growth Firm Recruitment, Retention, and Expansion  4. Job Accessibility 5. Micro-Loans to Small Businesses 6. Technical Assistance for Minority-Owned, Women-Owned, and Disadvantaged Businesses 7. Social Innovation to Address a Pressing Community Problem 

B. Program Design 

This RFP seeks creative, evidence-based solutions to build a more inclusive economy in Birmingham. Projects will vary in size, scope, purpose, target area, participant type, and performance outcomes. All projects will specify a work plan with quarterly performance targets. Projects must also develop comprehensive project narratives that capture the vision of the proposal and outline the measurable impact the project will deliver. Additionally, all RFP responses will require detailed budget outlines and narratives, including line-by-line projections and a description of those items. 

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Finally, award recipients must match at least 20% of the total budget in leveraged costs toward the project.  All applications are expected to provide metrics to evaluate project-specific performance outcomes. Successful applications will be based upon the extent to which proposals are aligned with quantifiable improvement in the metrics identified in the proposal. Applications are required to specifically address one category, and points are awarded to applications who can concretely define both the performance outcome metrics and the data source they will use to assess those outcomes.  More information regarding submission requirements can be found in Section III, “Application And Submission Information,” and in the Appendices.  

C. Targeted Service Population 

Applicants may propose projects pertaining to any area or group of areas within the city limits of Birmingham. Projects will be assessed on the specificity of the populations they intend to serve in terms of geographic scope (e.g. neighborhoods, communities, zip codes, and census tracts) and target population (e.g. age, income level, gender, race, education level, employment status). Performance metrics should be clearly defined according to the targeted service population. 

D. Birmingham Reports to Drive Alignment  

One of the primary goals of the BOLD grant program is to align the ecosystem of community partners with IEO’s -- and the Woodfin Administration’s -- overall goals and strategy. To do this, it is imperative that applicants and grantees understand our strategies, and that we all operate using a common set of facts. Below, see a linked list of reports and research that reflect the Woodfin Administration’s strategy: 

 ● IEO Strategic Plan ● The Woodfin Way: A Strategic Plan for Progress in Birmingham  ● A Citizen-Led Transition for Progress in Birmingham (Mayor Woodfin’s Transition Plan) ● Building (IT) Together Workforce Report ● Birmingham Comprehensive Plan  ● Birmingham Area Framework Plans ● Shape Bham 99 Neighborhood Community Health Assessments (& Supporting 

Documentation) ● Innovate Bham Reports Evaluating the Tech Ecosystem ● Jefferson County Health Action Partnership’s Community Health Equity Report ● The Women’s Fund of Greater Birmingham Research Publications ● LISC’s Commercial Revitalization Planning Guide (Especially Helpful for Category 1) 

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E. Funding Categories  

IEO’s BOLD grant program is open to proposals from organizations—or a consortium of partner organizations—working to facilitate inclusive and sustainable economic growth in the Birmingham area. Consistent with Mayor Woodfin’s mission of “Putting People First,” grant proposals should provide solutions aimed at measurably improving the lives of Birmingham residents and enhancing the economic development of the City. BOLD’s seven focus areas are detailed below, along with suggested performance outcome metrics for each. Applicants are asked to clearly identify the focus area of their application. Points are awarded for specificity and depth of performance outcomes associated within each category. For each focus area, applicants are encouraged to use the final section of the project narrative to identify targets for unique performance outcome metrics associated with the proposed project scope. The seven focus areas are as follows:                           

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Category 1. Commercial Revitalization District Development  

Background Small businesses are the lifeblood of our economy, because they consistently provide our residents with quality jobs. In fact, since 1995, small businesses have accounted for over half of new jobs generated. Beyond economic growth, small businesses are the pride of our communities, the 1

gathering places of our neighborhoods, and the institutions that enhance local quality of life. But just as our neighborhoods depend on small businesses, we know that entrepreneurs depend on their communities to stay afloat. Organized small business corridors beautify streets, teach business owners how to maintain their properties, and attract new customers through advertising and special events -- ultimately building healthy local ecosystems. We are partnering with Main Street Alabama to support local partnerships interested in developing their small business corridors to support the growth of small businesses across all 99 neighborhoods.   Project Description The City of Birmingham has designated 27 Commercial Revitalization Districts (CRDs), each representing one business corridor. A full list of the CRDs can be found here, along with an interactive map of them here. We are seeking proposals from partnerships representing specific CRDs that will implement strategic projects in these areas. While IEO will accept applications targeting any of the 27 CRDs, we are prioritizing the following five: Downtown (West and Northwest together), Ensley, North Birmingham, Woodlawn, and the Fourth Avenue Districts.   For those organizations already designated by Main Street Alabama, we are seeking holistic strategies to develop the CRD according to its particular needs. For partnerships that are early in this work, we are seeking broad coalitions representing the CRD to come together and implement a tangible project. Such projects should not be research/assessment focused; IEO is seeking partnerships that will embark on a project that will make a tangible impact and require collaboration between multiple hyper-local organizations. On top of providing funding for the project, IEO will also subsidize the $500 fee to become a Main Street Alabama Network Community. Additional points will be awarded to applicants who have met with, and received a letter of support from, Main Street Alabama before submitting their proposal.    Example Activities for New/Network Communities 

● Streetscaping/beautification  ● Planning events and marketing campaigns to drive foot traffic  ● Small business facade improvements 

1 https://www.sba.gov/sites/default/files/articles/SBA_SBIC_Jobs_Report.pdf 

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 Performance Outcome Metrics All funded partnerships will be expected to provide IEO with an inventory of the properties and businesses within the CRD boundaries. You can find examples of business inventories and property inventories by clicking on these links. Other performance metrics may include: 

● # of volunteer hours leveraged for project ● # of businesses supported  ● % of business/property owners engaged on the project ● A more detailed list of potential performance metrics for commercial revitalization can be 

found on page 90 of LISC’s Commercial Revitalization Planning Guide                              

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Category 2. Boosting Trade and Foreign Direct Investment 

Background From steel-mills to start-ups, Birmingham is and has always been a city of builders and makers. When our economy is at its best, we produce goods and services and sell them beyond our region and throughout the world. Trade creates an influx of new dollars into our community through the export of goods and services into other markets. The new dollars that flow into our community from this practice of selling local goods and services in other markets result in broader economic growth. Research shows communities with robust traded-industry growth benefit from higher wages and increased innovation activity. Nationally, traded sector companies are responsible for nearly 97% of all patent activity, and traded-sector employees earn roughly 50% more than those employed in non-traded industries.  2

  Birmingham has fallen behind its peers in tradable sector growth. Consequently, our GDP is lagging behind other cities in the Southeast. GDP per capita, an important indicator of economic growth, has remained flat over the last several years. As the Building (IT) Together report explains, “Economists speak of ‘traded’ industries that operate in national or international markets, and ‘non-traded’ industries that are purely local. The key industries of Birmingham are non-traded businesses that involve money moving within the region, rather than bringing in wealth from outside through traded industries. As a result, the region is missing out on the opportunities available in an interconnected world.” In order to create additional job opportunities for residents, we need a 3

strategic approach to growing jobs that promotes trade and foreign investment in Birmingham.   Project Description As noted in our strategic plan, “IEO will be intentional about investing in opportunities to accelerate trade with other regional markets, as well as those throughout the nation and the world.” This RFP is soliciting a partner or partners to tangibly produce value to our residents by growing the tradable sector of our economy. Growing trade can be performed in a number of ways, but is primarily done by (a) attracting foreign investment into Birmingham and (b) facilitating partnerships to sell Birmingham-based products and services in other markets. A key strength for Birmingham in this area has been in the automotive manufacturing sector where OEMs and suppliers help propel major producers like Mercedes, Autocar, Honda, and many others. However, we need to develop a strategic plan with coordinated investment among our partners to accelerate this growth in the automotive and other industry clusters. IEO and the City of Birmingham are seeking a partner to help develop that plan.   

2 Burning Glass Technologies & Council for Adult and Experiential Learning. (2018). Building (IT) Together. Pg 10. 3 Burning Glass Technologies & Council for Adult and Experiential Learning. (2018). Building (IT) Together. Pg 5. 

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Additional Context ● Birmingham’s recovery from the 2008 recession has been slow and uneven, lagging behind 

national averages in job and wage recovery. In fact, the region has still not recovered its total pre-recession employment high of 535,000. While there are a number of factors that have contributed to this tepid growth, one of the primary causes is the industry mix in the region. 

● Birmingham’s balance is 29% traded. This number is well below the national average and 4

below competitor cities such as Nashville and Atlanta, at 36% and 38% respectively. This means that the opportunity for new dollars to be brought into the Birmingham region is much lower than other regions, causing the corresponding job and wage statistics to decrease. 

  Performance Outcome Metrics The City of Birmingham is seeking proposals and scopes of services that can meet the following objectives: 

● Develop a strategic plan to grow tradable sector growth by building on our strengths in key industry clusters  

● Initiate a defined number of meetings between Birmingham-based businesses and external stakeholders so that Birmingham can capitalize on expanded customer bases or deepen supply chain opportunities. 

● Design a marketing campaign, in coordination with the strategic plan, to help Birmingham-based businesses grow recognition in markets outside the city. 

● # of strategic partnerships formed, including new memorandums of understanding ● # of tradable sector jobs created ● Amount of foreign direct investment in Birmingham ● Key expansions of Birmingham-based businesses into new markets 

         

 

4 Burning Glass Technologies & Council for Adult and Experiential Learning. (2018). Building (IT) Together. Pg 11, Table #3.  

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Category 3. Young, High-Growth Firm Recruitment, Retention, and Expansion  

Background IEO is searching for a partner to lead project management in business recruitment, retention and expansion with young, high-growth firms. While many people focus on large recruitment projects as major job creators, recent research has actually shown that young, high-growth firms, those younger than five years, (or “scaleups”) are the top producers of jobs, output, and productivity. The distinction is important because fifty percent of startups close within their first five years of operation, but a small subset -- the scaleups -- have an outsized impact on job creation, and do so rapidly. Recent research from the U.S. Census Bureau highlights that while about 16% of firms are scaleups, they account for over half of all output and employment growth. Relative to peers, the Birmingham MSA has an above average number of potential high-growth companies, defined as number of start-ups per 1M workers, and we want to ensure that the scale-ups are obtaining the support they need to grow.  5

Project Description The scaleups in our community tend to be overlooked, because they are too large to be serviced by startup organizations and too small to attract the attention of typical economic development organizations. We are looking for a partner who has demonstrated expertise in recruiting, retaining and/or expanding young, high-growth firms in Birmingham to grow this sector of the economy.  Although applicants could take many approaches in response to this category, it is important for our partner to have demonstrated expertise in understanding a subset of these firms’ competitive situation, to be able to customize programs and services to the needs of the targeted companies. It is also important that the partner has clear communication and coordination with IEO, the county- and state-levels to ensure that each project runs efficiently. In addition to the metrics outlined in the BOLD project, we will also look to this partner to service a feedback loop with the scaleup community that will help us as a city government to understand how to better sharpen policy tools and programs at our disposal (e.g. improving and scaling TIP, TAP, TOP).  

  In accordance with IEO’s vision to make Birmingham a destination for women and minorities to launch a business by 2021, we will prioritize applications with an explicit focus on diverse entrepreneurship.  Performance Outcome Metrics Specific performance outcome metrics may vary per project. However, potential metrics could include: 

5Brookings analysis of Crunchbase data; start-ups are defined as companies with an angel, VC, or PE investment in the past five years.  

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● # of scaleups serviced ● # of scaleups that receive SBIR/STTR grants ● # of new patents generated for scaleups ● # of quality jobs created and projected to grow ● Dynamic database of potential leads 

                               

  

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Category 4. Job Accessibility  

Background Ensuring that Birmingham residents are connected to high-quality jobs -- a core strategic objective of the Woodfin Administration -- requires demand-driven, dynamic education and training opportunities that foster the skills and competencies that employers need. It also requires that residents, through access to reliable transportation, affordable and quality childcare, and the elimination of other barriers, can access those training and employment opportunities. The job access component of a comprehensive talent development strategy is critical in any community, but it is particularly important in the City of Birmingham. Brookings research has found that there are 100 times as many jobs available to Birmingham residents with a car relative to Birmingham residents that rely on public transportation. Moreover, training and education opportunities are not geographically distributed across the city. For Birmingham residents to succeed in the labor market, it is imperative that we eliminate barriers to employment, above and beyond skills mismatches.  Project Description Putting people first, through focusing on talent, is one of IEO’s five strategic goals, due to its critical role in economic growth. As noted in our strategic plan, “IEO will design systems, processes, and procedures to bolster a comprehensive talent strategy for Birmingham. Investing in human capital is fundamental to building a sustainable, dynamic economy.” This RFP is soliciting a partner or partners to tangibly produce value to our residents by creating access to education, training, or employment opportunities through innovations in transportation, childcare, and the elimination of other critical barriers. Enhancing job access for Birmingham residents, particularly those who are currently not in high-quality jobs, can happen in a variety of ways, but we are looking for proposals that include at least one of the following elements: (1) existing or new education/training programs with a strong supportive services (i.e. transportation, childcare, housing assistance) component, (2) community-based organizations that already provide supportive services but are expanding their education/training offerings, (3) transportation programs that will enable residents, particularly from neighborhoods outside of the central city, to access more training programs or employment opportunities, (4) efforts to bring education/training programs to community facilities (e.g. libraries, community centers) that could be better utilized to provide training and education opportunities.    Performance Outcome Metrics Specific performance outcome metrics may vary per project. Potential metrics could include: 

● # of participants served, earning credentials, and in quality jobs ● % of participants from high-priority populations (e.g. criminal-justice involved, opportunity 

youth, single parents) ● Average distance of participants’ homes from areas with high concentration of jobs ● # of participants beginning and completing program (or % completed) 

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Category 5. Micro-Loans to Small Businesses 

Background Small business growth is an important component of the IEO’s vision of fostering inclusive economic growth in Birmingham. In accordance with our strategic plan, small business growth will enable Birmingham to grow from within and allow neighborhoods to thrive. Over the past year, we have worked with multiple small businesses -- minority-, women-owned, or otherwise disadvantaged business enterprises (MWDBEs) in particular -- that were facing an unexpected cost or emergency that would have forced them to shut down operations. For many, this means an abrupt loss of income and jobs, even though the business as a whole was healthy and operational. Given this experience, IEO is seeking a partner to manage a micro-loan program aimed at supporting local MWDBEs.  Project Description IEO is specifically looking for a community development financial institution (CDFI) to lead this proposal and manage the micro-loan program itself. The CDFI may use City funding to guarantee its loans, or as the loan funding itself. The CDFI should include as part of their application: (1) a list of the financial products they offer, and (2) their fundraising capacity, especially as it relates to this program. Loans ought to target small businesses with the following criteria: (1) minority- or women-ownership, (2) Gross revenue of less than $100,000, and (3) having been in business for at least six months. Loans shouldn’t exceed more than $10,000.   The CDFI should also partner with other organizations to provide marketing and technical assistance to the MWDBEs it lends to throughout the lifecycle of the lending process (e.g. preparing financial statements for the loan application, technical assistance to strengthen the business during the loan term). Finally, micro-loans should target businesses unable to access capital from traditional markets, and proposals should have a method to evaluate businesses to ensure this.   Performance Outcome Metrics Performance outcome metrics will vary by project, but they should quantify the scope of impact as precisely as possible. Sample metrics may include, but are not limited to, the following: 

● # of small business participants ● # of minority-, women-, and veteran-owned firms that receive services ● # of new business licenses applied for and maintained ● # of jobs created with participating small businesses ● % of loans used for various purposes (e.g. facade improvement) 

   

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Category 6. Technical Assistance for Minority-Owned, Women-Owned, & Disadvantaged Businesses 

Background Key projects and developments -- from the 2021 World Games, to the BJCC expansion, and the Birmingham Xpress bus rapid transit system development -- will make deep changes to Birmingham, and our local small businesses need to be prepared to capitalize on these opportunities. The World Games alone requires a $50 million budget, and will bring an economic impact of $250 million and 100,000 visitors to Birmingham. To capitalize on this opportunity for small businesses, IEO is 6

excited to partner with firms to provide marketing and technical assistance to local, small, minority-, women-owned, or otherwise disadvantaged business enterprises (MWDBEs) that can capitalize on: (1) increased visitors and foot traffic around these developments, and increased tourism generally, and (2) contracting for these major projects.  Project Description IEO seeks proposals that can deliver meaningful guidance and improvements to local MWDBEs poised to take advantage of these opportunities. We encourage applicants to focus on one of the two options (i.e. visitors or procurement), rather than both simultaneously. Proposals focused on the “foot traffic/visitors” option should tailor their assistance for retail, restaurant, hospitality, and other tourism-related companies. Proposals focused on contracting and procurement should tailor their application based on the stated procurement strategies of the 2021 World Games Foundation, other major developments, and large permanent anchors in the local economy.   IEO is also particularly interested in proposals that do not over-rely on education alone. While education is often the first step to identifying local firms, we believe that real change occurs when small businesses get personalized, step-by-step guidance tailored to bolster their weaknesses. Strong proposals will direct most of their resources to applying the technical assistance, rather than simply providing access to it. Content to focus assistance on may include, but is not limited to: bookkeeping, managing HR processes, utilizing point-of-sale systems, pricing, preparing for loans, bonding, and finding and maintaining a physical location.   Performance Outcome Metrics Specific performance outcome metrics may vary per project. Potential metrics could include: 

● # of small business participants ● # of minority-, women-, and veteran-owned firms that receive services ● # and type of services provided by client category (e.g. bookkeeping, pricing, bonding) ● # of jobs created with participating small businesses 

6 https://birminghamwatch.org/2021-world-games-projected-bring-quarter-billion-dollars-yes-b/  

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Category 7. Social Innovation to Address a Pressing Community Problem  

Background Acknowledging the constellation of variables that affect economic opportunity and social mobility for our residents (i.e. health outcomes, transportation, education, etc.), IEO is seeking innovative ideas to catalyze systemic change. Forward-looking cities experiment boldly, challenging traditional bureaucratic government culture by building responsive, sustainable and resilient institutions into and with city government. Likewise, we are looking for creative, scalable solutions with measurable impact. Social change is in Birmingham’s DNA, and IEO is committed to establishing Birmingham as an experimental hub for social innovation. We are looking for a partner to join us in developing innovative solutions to Birmingham’s--and society’s--pressing and persistent problems.  Project Description Principles: Address a pervasive need: We are looking for ideas that address roadblocks faced by our citizens in their pursuit of economic opportunity and social mobility. Winning ideas will clearly articulate the urgent need the project aims to address, with metrics aligned to addressing that need.   Base ideas in the user experience: We are looking for ideas that “Put People First” by integrating the community of focus into the design process. User-centered designs are core to sustainable, scalable and repeatable solutions.   Change systems sustainably: We are looking for ideas that are laser-focused on creating systemic change by taking practical, actionable and tangible action (as opposed to advocacy, research, convenings, and policy development, etc.). Sustainability will anchor our evaluation of ideas.   Performance Outcome Metrics   Performance outcome metrics will vary by project.         

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II. ELIGIBILITY INFORMATION 

 

A. Eligible Applicants 

Applications will be accepted from Alabama-recognized non-profits (501(c)3 organizations preferred), post-secondary education institutions, and for-profit institutions with a social impact focus. Awards will be granted to organizations with a proven track record seeking to perform economic and community development work in the City of Birmingham. Groups of organizations may apply as a consortium of partners with a unified application. Points will be awarded to partnerships who demonstrate the unique capacity to address the problem identified in the application. 

B. Organizational Fiscal Sustainability 

Applicants—or lead applicants for partnerships—will be asked to upload financial information to validate organizational capacity and fiscal sustainability. We only require financial information for the current fiscal year, but we encourage applicants to submit information for the past year and the future year if available. If the selection committee requires more information, you will be contacted.   This could include, but is not limited to, the following: 

● Organizational budget (or the budget of the lead agency in the partnership) ● 990 Forms with the IRS ● Profit and Loss Statement ● Recent audit reports (within the last two fiscal years) 

C. Cost Matching Grant proposals should detail a cost matching plan, with matching funds secured at a rate of 20% of the entire project budget. For example, if an application budget requires $250,000, the proposal may seek up to $200,000 from the City and should clearly indicate how it will provide $50,000 toward the project objectives.   Leveraged resources procured by the applicant can be counted towards a proposal’s cost matching. IEO will accept technical platforms as a leveraged resource. For example, if an applicant's organization has access to a data system that is relevant and useful to the project objectives and it is a subscription valued at $25,000/year, we will accept that. IEO will also accept the quantified value of volunteer hours to the project. 

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III. APPLICATION AND SUBMISSION INFORMATION  

A. Obtaining an Application Package & IEO Point of Contact 

The final application will be available on the website (birminghamal.gov/bold) on August 19, 2019. All questions and comments should be directed to bold@birminghamal.gov. Upon receiving an award, organizations will have regular contact with a member of IEO to complete the project agreement, establish reporting guidelines, and schedule performance audits. 

B. Submission Date, Times, Process, and Addresses 

All applications must be submitted online by September 13, 2019, at 11:59:00 PM Central Standard Time. You will receive a message noting the receipt upon your submission. We will not be conducting interviews.  

DATE 

Draft RFP Released  Thursday, August 1, 2019 

IEO Kickoff Presentation  Wednesday, August 7, 2019 in City Council Chambers 

Final RFP Released  Monday, August 19, 2019 

Deadline to submit questions regarding the RFP to bold@birminghamal.gov  

Monday, August 26, 2019 

Consolidated FAQ posted by the City   Friday, August 30, 2019 

Deadline for Proposals  Friday, September 13, 2019  11:59:00 PM CST  

Negotiation & Selection of Winners  Mid-October 2019  

Performance Period  December 1, 2019 - November 30, 2020 

*Dates indicated above are subject to change at the sole discretion of the City. 

 

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C. Content and Form of Application Submission  

For your application, we are looking for you to do five things: (1) introduce your project and partners; (2) provide a project narrative that clearly articulates the problem and proposes your approach for this project; (3) share your expected timeline and detailed budget; (4) share your background, qualifications and track record and that of your team; (5) provide at least five letters of community support. Each proposal must apply to only one of the seven categories, but applicants may submit multiple proposals. Each proposal should be prepared simply and economically, avoiding the use of elaborate promotional materials beyond those sufficient to provide a complete, accurate and reliable presentation. Below please see a checklist of the application submissions, including brief descriptions of each requirement and the format IEO requires you submit it in. Please see the appendices for further information and templates.   

Application Requirement   Description  Required Format 

Complete? 

Project Narrative (Not to exceed 10 pages, single spaced, 12-point font. More detail on each of these sections can be found in Appendix A.) 

Broken into five sections: 1. Targeted Service Population 2. Statement of Need 3. Project Design 4. Past Performance & 

Organizational Capacity 5. Tracking Infrastructure & 

Performance Outcome Metrics 

  

PDF    

Budget Narrative (Template provided in Appendix B) 

Thorough identification of costs associated with each line item, including a clear description of how the proposed expenditures will impact that focus area. Additionally, a detailed description of the leveraged resources to be provided that indicates the project will have leveraged resources equal to at least 20 percent of the total project budget, including a complete 

XLSX    

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account of these leveraged resources, and demonstration of how these leveraged resources and grant funds will impact the focus area. 

Project Work Plan (Template provided in Appendix C) 

A detailed project work plan that outlines goals, objectives, and a timeline for benchmarking progress toward achieving those goals. 

XLSX    

Five Letters of Community Support 

Letters can be from grant partners, community groups, or potential participants/beneficiaries from the project proposal. 

PDF    

Organizational Fiscal Sustainability & Eligibility  

Applicants—or lead applicants for partnerships—will be asked to upload financial information to validate organizational capacity and fiscal sustainability. This could include, but is not limited to, the following: 

● Organizational budget (or the budget of the lead agency in the partnership) 

● 990 Forms with the IRS ● Profit and Loss Statement ● Recent audit reports (within 

the last two fiscal years)  Applicants must also demonstrate that they meet eligibility requirements. This application is open to non-profit, for-profit, and postsecondary education institutions. No individuals may apply. 

PDF   

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Transparency in City Government Form 

This must be completed for all applications, and can be found in Appendix D. 

PDF   

 D. Funding Restrictions Funding for construction will not be provided. However, construction costs can count toward the overall leveraged costs total. Any equipment over $5,000 will require prior approval from the IEO. All sub-contracts associated with the project must be submitted to the IEO in the quarter in which they are executed. Lead partners are responsible for auditing the performance of subcontractors and guaranteeing compliance with reporting criteria. 

E. Other Submission Requirements Each applicant must include a completed TRANSPARENCY IN CITY GOVERNMENT DISCLOSURE FORM with its application. This can be found in Appendix E. Additionally, applicants may feel the need to attach reasonably appropriate additional material relevant to the partnership or the application (i.e. audited financial statements, MOUs between partners, organizational charts or flow charts). 

 

 

 

 

 

 

 

 

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IV. AWARD ADMINISTRATION INFORMATION 

 

A. BOLD Program Authority 

This grant is authorized under Mayor Woodfin’s FY 2019-2020 budget, which allocates up to $1,000,000 to IEO for the creation of this grant program. IEO will collaborate with other city departments, divisions and offices—including Community Development, Finance, Planning, Engineering and Permitting, Grants, Public Information, the City Attorney’s Office, the Mayor’s Executive Leadership Team, and City Council Administrators—to assess grant applications and award funding.  Upon receiving notice of an award, organizations will work with the City Attorney’s office to finalize an agreement, including a budget with clearly defined performance metrics and data sharing agreements. Such finalized agreements may require City Council approval prior to execution.   Agreements related to inclusive economic or industrial development awarded as a result of this RFP will be awarded as professional service contracts or pursuant to Amendment No. 772 to the Constitution of Alabama (1901) (Section 94.01(a)(3) of the Recompiled Constitution of Alabama) which authorizes the City to lend its credit to or grant public funds and things of value in aid of or to any corporation or other business entity for the purpose of promoting the economic or industrial development of the City.  THE FOLLOWING SCOPES OF SERVICES FOR THE BOLD PROGRAM SHOULD BE TREATED AS A GUIDELINE IN PREPARING A PROPOSAL RESPONSE, AND MAY BE SUBJECT TO NEGOTIATIONS RESULTING IN A FINAL AGREEMENT. THE APPLICANT SHOULD PROVIDE A PROPOSAL WHICH MEETS THE APPLICABLE SCOPE REQUIREMENTS SET FORTH BELOW. 

B. Award Notices 

It is unlikely that projects will receive the total amount requested. Applicants who are awarded, but not at the full amount requested, will be contacted to amend and revise their scope of services to develop project agreements as needed. This outreach will happen in mid-October 2019.  Subject to approval of the Birmingham City Council, when required by law, upon the execution of an agreement to include a defined scope of services, project work plan, budget, and performance metrics, all funding will be disbursed by the beginning of the performance period on November 30, 2019. Funding amount will vary by project scope and purpose. All awarded projects must have the capacity to execute an agreement, approved by the City Attorney’s Office, on or by November 30, 

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2019. These agreements will primarily be derived from awarded scopes of services and mutually agreed upon outcome metrics.  

C. Administrative Policy Requirements 

As an attachment to each project agreement, awardees will be asked to provide quarterly performance reports to the IEO. Each project agreement will have clearly defined outcome metrics that are derived from Project Work Plans and Project Narratives. Failure to report will result in a loss of funding and restrictions on funding from the City of Birmingham in future years.  IEO will also perform an audit of projects at some point throughout the performance period. 

D. Performance Period 

The performance period for grant recipients is between December 1, 2019 and November 30, 2020, and grant proposals should contain 6-month and 12-month targets for the relevant progress metrics. If grant recipients are unable to deliver satisfactory progress or fail to report outcomes throughout the performance period, this will impact the prospects of receiving future awards from IEO.                     

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V. APPENDICES 

 

Appendix A: Project Narrative Template  

Appendix A is intended to provide applicants with a more detailed description of each section outlined in the project narrative. Though proposals will vary based on the nuances of each category, all applications should contain five sections: 

● Targeted Service Population ● Statement of Need ● Project Design ● Past Performance & Organizational Capacity ● Tracking Infrastructure & Performance Outcome Metrics 

  Targeted Service Population (1 page or less) The first thing we want to know how you are “Putting People First” and who you aim to serve. Your application will not be able to solve the spectrum of problems contained within an entire project category. Refining your service area to a clearly defined target allows you to tighten your focus and deliver a clearly identifiable impact on a specific group of people. Targeted service populations can be refined in a number of ways. You can draw parameters based upon a variety of demographic variables, including but not limited to: geography (e.g. neighborhood, census tract, zip code), age (e.g. youth, elderly), employment status, income level, race, and gender. For example, a very specific target population may be unemployed youth (ages 17-26) living in four specific zip codes. Another example: entrepreneurs who live in a specific neighborhood, and whose businesses are at least three years old and operate in a specific industry cluster. In general, your targeted service area should be aligned with your statement of need and your performance outcome metrics.   When identifying the target population, consider the following questions: 

● Who am I trying to serve? Which communities do I already have trusting relationships with? ● What problems does this specific population face?  ● For applicants in Category 1, who makes up your commercial revitalization district? Which 

neighborhoods rely on this CRD? Are the current CRD boundaries correct?  Statement of Need (2 pages or less) The statement of need should serve two primary objectives. First, the statement of need identifies the parameters of the problem you are trying to solve using unique data sources that draw the contours of the problem. Second, the statement of need provides a foundation for why the problem you have identified is compelling and urgent. Successful statements of need weave together data 

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with narrative descriptions of the problem to clearly articulate a specific problem that your application is seeking to solve.    When writing the statement of need, consider the following questions: 

● What problem am I trying to solve?  ● Who does my problem affect? ● What is the history of this problem in Birmingham, and how does that inform your work? ● Why is this problem important to the City of Birmingham residents? ● How does this problem relate to the community and economic development goals of the 

Woodfin Administration?   Project Design (4 pages) The project design portion of your application should include a comprehensive description of how you (and your partners, if applicable) will solve the problem you have outlined in the statement of need and serve your designated target population. The project design section should provide a detailed overview of your partners in executing your vision, and it should provide a clear pathway for how participants would be served by your proposal. Please use infographics, flowcharts or other visual aids to facilitate the description of your project design. After reading your project design, the reader should clearly and precisely understand how you intend to make a difference on the problem you have outlined.   When describing the project design, consider the following questions: 

● How will you communicate your project to the broader public? ● How will participants be served by your project? ● How will your proposal work in practice? ● Which partner is responsible for each component of the project? ● How will BOLD funding enable your organization to implement the solution to the problem 

you are trying to solve?   Past Performance & Organizational Capacity (1.5 pages) When outlining your organization’s capacity (or the capacity of your partnership), the primary objective is to provide confidence that your entity or partnership has the ability to execute the project design you outlined in the previous section and that you can meet the performance objectives you list in the final section. This can be achieved by describing your consortium’s past performance, current capacity, and future plans for sustainability.   Beginning with past performance, you want to provide concrete examples of similar projects that demonstrate your ability to lead and execute a project of this size and scope. This may include similar grants or other sources of funding that you have secured in the past and detail your 

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performance on those projects. You may also want to include examples of previous collaboration between the consortium partners. Then, focus on your current capacity: explain why each partner organization was brought to the table, and highlight the unique contributions and experiences of each team member. While you provide supplemental financial information as an attachment to your application, it is important to give a high-level overview of your fiscal accountability in this section, including internal audit procedures and overall financial management policies and personnel. Finally, turn to future plans and describe how your project will live beyond the one-year BOLD performance period. How will your partnership use BOLD to create new relationships, bring in new funding, and improve the project design in future years.  When describing the past performance and organizational capacity, consider the following questions: 

● Have you managed and executed a project of this size and scope previously? Describe those performance outcomes in detail. 

● How have your team and partners worked with the target population in the past? Why are they uniquely suited to serve in the role you propose in the project? 

● What are the principal objectives of key personnel in executing the project? How have those personnel performed in similar situations in the past? 

● If this project should continue beyond the performance period, how might your organization plan for funding sustainability beyond funding from the City? 

● Does your organization have the infrastructure and resources to support implementation of this grant project? 

  Technical Infrastructure & Performance Outcome Metrics (1.5 pages or less) This section is weighted heavily in determining a successful application because it enables IEO to evaluate whether the partnership can actually track its progress towards clearly defined goals. To demonstrate this, start by defining the outputs and outcomes you aim to achieve beyond the high-level vision and goals cast by your proposal. Outputs are the quantified services you provide (e.g. number of participants served), while outcomes indicate change in conditions or behavior (e.g. change in commercial district vacancy rate). Finally, these should all be “SMART” - specific, measurable, attainable, realistic, and time-bound. Finally, these should build upon the example metrics provided in Section I (E) of this RFP.   Once you define your SMART metrics, then describe how your partnership will track progress towards them. Explain which personnel are responsible for tracking or evaluation, how much of their capacity is spent in that area, and which systems they use to collect and store data. For example, you may use surveys to collect information from program participants. You may also use a customer relationship management tool (e.g. Salesforce) or a spreadsheet (e.g. Google Sheets) to keep track of businesses in your commercial district. We understand that this may be new for some 

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organizations, so you may also use this section to highlight whether your partnership needs support in developing these systems and processes.   When developing program metrics and describing your technical infrastructure, consider the following questions: 

● How many participants will be served in this project? What type of participants are they (people or businesses)? 

● How many participants will experience a quality of life enhancement of some type (i.e. a new credential, additional customers, increased investment)? 

● How may you benefit the larger community, beyond your direct participants?  ● How have you used data to communicate, evaluate performance, or improve service in the 

past? ● What type of information do you want to collect and store? Is it quantitative or qualitative? ● How will you measure success in your initiative on a quarterly and annual basis? Based on 

those measures of success, what are your quarterly benchmarks and annual goals? ● Which tools and system do you use to track information? How well do they work? ● How can the City help you improve your technical infrastructure during the BOLD 

performance period? 

 

Appendix B: Budget Narrative Template 

Click here to access our Budget Narrative template.  

Appendix C: Project Work Plan Template 

Click here to access our Project Work Plan template.   

Appendix D: Transparency in City Government Disclosure Form 

Each applicant must submit a Transparency in City Government Disclosure Form.  Click here to access a copy of the form. 

     

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Appendix E: Standard Clauses for City Contracts 

The following provisions are typically included in City contracts. This RFP and the proposal, or any part thereof, may be incorporated into and made a part of the contract. The contract may contain provisions not contained herein, may not contain all of the following provisions and may include modifications to the wording of the following provisions, all at the discretion of the City.  Scope of Services. Contractor shall furnish and perform the services described in the Scope of Work, which is attached hereto and incorporated herein by reference, in a professional manner. Contractor shall provide said services at the time, place, and in the manner specified in the Scope of Work and as otherwise specified in this Agreement.   Term of Agreement.The term of this Agreement will be between December 1, 2019 - November 30, 2020.   Compensation. Compensation to be paid to Contractor shall be as follows:__________.In no event shall Contractor's compensation exceed $________ without additional authorization from the City. Payment by the City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.  Availability of Funds. The City shall have no liability under this Agreement (including any extension or other modification of this Agreement) to Contractor beyond funds appropriated or otherwise lawfully available for this Agreement.   Reporting. The City, through its Department of Innovation and Economic Opportunity (“IEO”) will monitor Contractor’s progress throughout the term of this Agreement. Contractor agrees to submit quarterly reports to IEO detailing its progress towards reaching 6-month and 12-month targets for the relevant progress metrics. If Contractor is unable to deliver satisfactory progress during the term, this will impact the Contractor’s prospects of receiving future awards from the City  Budget. A budget for Contractor’s services and Contractor’s performance metrics are included in the attached Budget Narrative.   Services Outside the City Limits. If Contractor provide services both inside and outside the City limits of Birmingham, then it shall submit a report demonstrating that those services by Contractor, at least to the extent of the funding herein, shall be and were provided within the City limits of Birmingham, including an identification of the number of City residents served by Contractor and the benefits provided to the City. 

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  Invoice. Contractor shall invoice the City for services performed and the City agrees to pay for said services as provided herein. Before the City is obligated to pay Contractor’s invoice, if requested by the City, Contractor shall meet with the IEO Director or his/her designee formally to review all activities under this Agreement. During said meeting Contractor shall make available to the City all reports, documents and other materials prepared in compliance with this Agreement pursuant to the submitted invoice.   Minimum Service Standards. Regardless of whether required by law: (a) Contractor shall, and shall cause its agents to, conduct its activities in connection with this Agreement so as not to endanger or harm any person or property.   (b) The Contractor shall deliver services under this Agreement in a professional manner consistent with the best practices of the industry in which the Contractor operates. The Contractor shall take all actions necessary or appropriate to meet the obligation described in the immediately preceding sentence, including obtaining and maintaining all approvals, licenses, and certifications necessary or appropriate in connection with this Agreement.   Work Performance Liability. Contractor is and shall remain primarily liable for the successful completion of all work in accordance with this Agreement, irrespective of whether the Contractor is using a subcontractor to perform some or all of the work contemplated by this Agreement, and irrespective of whether the use of such subcontractor has been approved by the City.   No Binding Authority. Contractor shall have no power or authority to obligate the City in any manner.   Audit. Contractor agrees to furnish (at no cost) to the Director of Finance of the City and the Internal Audit Division of the Mayor’s Office any and all information which may be requested regarding the use and expenditure of funds paid by the City to Contractor and to allow audits by the Internal Audit Division of the Mayor’s Office and the Director of Finance of the City (or his/her designee) of such funds. Contractor shall at the request of the City, provide at a time and place designated by the City, all books and records, accounts, statements and other documents as needed by the City to enable it to conduct a financial and/or operational review or audit of Contractor operations and/or finances. If Contractor refuses to honor the City’s request within ten (10) days, it shall refund to the City all funds appropriated to it during the term of this Agreement. All reports, evaluations, financial data and audits required of Contractor shall be provided by the entity to any person appointed by the Mayor or his designee.    

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Accounting Procedures; Records. The Contractor shall maintain and retain, for a period of three (3) years following the later of termination of or final payment under this Agreement, complete and accurate records, documents, accounts and other evidence, whether maintained electronically or manually (“Records”), pertinent to performance under this Agreement. Records shall be maintained in accordance with Generally Accepted Accounting Principles and, if the Contractor is a non-profit entity, must comply with the accounting guidelines set forth in the federal Office of Management & Budget Circular A-122, “Cost Principles for Non-Profit Organizations” to fully document the uses of all funds paid by the City to Contractor. Contractor will allow such audit as provided above. All funds awarded to Contractor must be expended within the Agreement period. All funds not expended must be returned to the City of Birmingham in the form of cash or certified check and clearly disclosed in Contractor funding proposal to the City for the next fiscal period. The City shall retain the right to reduce future funding by the amount of accumulated unspent funds from previous periods. Such Records shall at all times be available for audit and inspection by the City, any other governmental authority with jurisdiction over the provision of services hereunder and/or the payment therefore, and any of their duly designated representatives. The provisions of this Section shall survive the termination of this Agreement.   Compliance with Laws. Contractor warrants it will comply with all laws, ordinances and regulations applicable to its activities and agrees that such compliance is an essential condition of this Agreement. Contractor shall comply, and shall cause its officers, agents, employees and contractors to comply with all applicable federal, state and local statutes, regulations, rules, ordinances and other laws, including, but not limited to, the Americans with Disabilities Act, applicable to the execution, compliance, implementation, and functions of this Agreement.   Representations and Warranties. If Contractor conducts business through a corporation, limited liability company, or other similar organizational structure, it makes the following representations and warranties as additional inducements to the City for it to enter the contract: (a) Contractor is a duly organized and existing entity that is authorized to perform business under the laws of the State of Alabama, and has the power to enter into and to perform and observe its agreements and covenants in the contract. (b) All actions required to be taken by or on behalf of Contractor to execute the contract, and to perform its covenants, obligations and agreements hereunder, have been duly taken. Those actions may include a resolution duly adopted by its governing body. (c) The execution and performance of the contract by the Contractor do not constitute and will not cause the breach or violation of any contract, lease, franchise, permit or agreement of any nature to which Contractor is a party. (d) Contractor warrants and certifies that it has not employed or retained any firm, entity or person to solicit or secure its selection to enter into the contract, and that it has not paid or agreed to pay any fee, commission, percentage, gift or other consideration to any such firm, entity or person that is 

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contingent upon or resulting from the award or making of the contract. The City, at its sole discretion, may terminate the contract without liability if Contractor violates this warranty. (e) The Contractor is not in arrears to the City upon any debt or contract and it is not in default as surety, contractor, or otherwise upon any obligation to the City, including any obligation to pay taxes to, or perform services for or on behalf of, the City.  Indemnification. (a) Contractor agrees to forever release and discharge, save and hold harmless and indemnify the City of Birmingham (and each elected or appointed official, director, officer, employee and agent thereof (hereafter, the "Indemnified Parties")), against any and all liabilities, demands, actions, damages, judgments, expenses (including but not limited to attorneys’ fees, expert fees, court costs and other litigation costs), losses of every conceivable kind, character and nature whatsoever, and claims (including those for bodily injury, sickness, disease or death, or to injury to, destruction or loss of use of tangible property) (collectively hereinafter “Claims”) by or on behalf of any person, firm, corporation, governmental authority or other third party (including any employee, subcontractor or representative of the Contractor, hereafter a “Contractor Representative”), regardless of by whom asserted or imposed, claimed by, arising out of, resulting from, or in any way connected with this Agreement, claimed against the Indemnified Parties, whose actions are not otherwise unlawful, excluding however such Claims attributable to the willful misconduct of the Indemnified Party in question. (b) The Contractor shall, upon the City’s demand and at the City’s direction, promptly and diligently defend, at the Contractor’s own risk and expense, any and all suits, actions, or proceedings which may be brought or instituted against one or more Indemnified Parties for which the Contractor is responsible under this Section and the Contractor shall pay and satisfy any judgment, decree, loss or settlement in connection therewith. (c) The Contractor shall, and shall cause its agents to, cooperate with the City in connection with the investigation, defense or prosecution of any action, suit or proceeding in connection with this Agreement including the acts or omissions of the Contractor and/or its agent(s) in connection with this Agreement. (d) The provisions of this Section shall survive the termination of this Agreement.  Insurance. (a) Contractor and any subcontractor of Contractor shall obtain and maintain in force the following insurance for all acts performed pursuant to this Agreement. The limits and coverage specified are the minimum to be maintained and are not intended to represent the correct insurance needed to fully protect Contractor. All insurance will be provided by insurers licensed to conduct business in the State of Alabama and acceptable to the City. No services are to be performed until proof of compliance with the insurance requirements has been received by the City.   i. Workers’ Compensation: Statutory amounts as required by the State of Alabama;  

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ii. Commercial General Liability: insurance written on an occurrence basis with limits no less than One Million and No/100 Dollars ($1,000,000); and iii. Automobile Liability insurance covering owned and non-owned vehicles operated by Contractor with limits no less than Three Hundred Thousand and No/100 Dollars ($300,000) combined single limit and aggregate per accident for bodily injury and property damage. (b) Each policy of insurance except for Workers’ Compensation shall name the City as an additional insured. A certificate of insurance evidencing the above minimum requirements must be provided to the City prior to commencement of any services.  (c) Before the commencement of services or work hereunder, the Contractor shall provide the City a certificate(s) of insurance and endorsements (including the additional insured endorsements) evidencing compliance with the requirements in this Section. These certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days advance notice to the City. In the event that the City is not notified that any of the coverage required herein is to be cancelled or changed in such a manner as not to comply with the requirements of this Contract, the Contractor shall, within fifteen (15) days prior to the effective date of such cancellation or change, obtain and provide the City with binder(s) of insurance evidencing the re-establishment of the insurance coverage required herein.  Termination.(a) Generally. This Agreement may be terminated (i) for any reason by the City upon thirty (30) days’ written notice to the Contractor, (ii) for “Cause” by the City immediately upon the receipt by the Contractor from the City of written notice of termination, (iii) upon mutual written Agreement of the City and the Contractor, and (iv) in accordance with any other provisions of this Agreement expressly addressing termination. As used in this Agreement the word “Cause” includes: (i) an event of default under this Agreement or (ii) the failure to obtain and maintain in full force and effect all approvals required for the services described in this Agreement to be legally and professionally rendered. For purposes of this Agreement, an event of default shall be defined as: (i) Contractor’s breach or violation of any term or condition of this Agreement which is not cured within thirty (30) days after written notice from the City; (ii) any material representation made by Contractor in this Agreement, or in any certificate, notice, or request made by Contractor in writing and delivered to the City pursuant to or in connection with this Agreement shall prove to be untrue or incorrect in any material respect as of the date made; (iii) the entry of a decree or order for relief by a court having jurisdiction concerning Contractor in an involuntary case under the federal bankruptcy laws, as now or hereafter constituted, or any other applicable Federal or state bankruptcy, insolvency or other similar law, or appointing a receiver, liquidator, trustee (or similar official) of Contractor for any substantial part of its property, or ordering the winding‑up or liquidation of its affairs and the continuance of any such decree or order unstayed and in effect for a period of sixty (60) consecutive days; (iv) the commencement by Contractor of a voluntary case under the Federal bankruptcy laws, as now or hereafter constituted, or any other applicable federal or state bankruptcy, insolvency or other similar 

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law; (v) the consent by Contractor to the appointment of or taking possession by a receiver, liquidator, trustee (or other similar official) of Contractor or of any substantial part of Contractor’s property; (vi) the making by Contractor of any assignment for the benefit of creditors; or (vii) the failure of Contractor generally to pay its debts as such debts become due. Should termination by the City for Cause occur, the Contractor may be declared a “non-responsible vendor.” This declaration may result in the rejection of any future bids or proposals submitted by the Contractor for a period of time to be determined by the City.  (b) By the Contractor. This Agreement may be terminated by the Contractor if performance becomes impracticable through no fault of the Contractor, where the impracticability relates to the Contractor’s ability to perform its obligations and not to a judgment as to convenience or the desirability of continued performance. Termination under this subsection shall be effected by the Contractor delivering to the IEO Director at least sixty (60) days prior to the termination date, a notice stating (i) that the Contractor is terminating this Agreement in accordance with this subsection, (ii) the date as of which this Agreement will terminate, and (iii) the facts giving rise to the Contractor’s right to terminate under this subsection.  (c) Contractor’s Assistance Upon Termination. In connection with the termination or impending termination of this Agreement the Contractor shall, regardless of the reason for termination, take all actions reasonably requested by the City (including those set forth in other provisions of this Agreement) to assist the City in transitioning the Contractor’s responsibilities under this Agreement. The provisions of this subsection shall survive the termination of this Agreement. (d)Compensation Upon Termination. In the event of the City’s termination of the Agreement, Contractor shall be entitled to receive compensation specified herein for all work completed prior to such termination or cancellation which has been delivered to the City.  (e)City Employees Not Liable. No elected or appointed official, officer, employee, representative or agent of the City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach of any obligation under this Agreement by the City, or for any amount which may become due to Contractor.  Relationship of the Parties. Notwithstanding any of the provisions of this Agreement, it is agreed that the City has no financial interest in the business of Contractor, and shall not be liable for any debts or financial interest in the business of Contractor, nor shall the City be deemed or construed to be a partner, joint venturer or otherwise interested in the assets of Contractor, or sums earned or derived by Contractor, nor shall Contractor at any time or times use the name or credit of the City in purchasing or attempting to purchase any car, equipment, supplies or other thing or things whatsoever.   Independent Contractor. Contractor in the performance of its operations and obligations hereunder, shall not be deemed to be the agent of the City but shall be deemed to be an independent contractor in every respect and shall take all steps at its own expense, as the City may from time to time 

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request, to indicate that it is an independent contractor. The City does not and will not assume any responsibility for the means by which or manner in which services by Contractor, provided for herein, are performed, but on the contrary, Contractor shall be wholly responsible therefore.    No Third Party Beneficiary. This Agreement is made only for the benefit of the City and Contractor. It is not intended, nor shall it be construed, to grant or bestow any benefit, right or privilege to any third party.   Conflict of Interest. Contractor covenants and declares that it has not, and will not, acquire any interest, directly or indirectly, in any property acquired by the City during the term of this Agreement. Contractor warrants and covenants that it presently has no interest in, nor shall any interest be hereinafter acquired in, any matter that will render the services required under this Agreement a violation of any applicable Federal, State or local law. In the event that any conflict of interest should hereinafter arise, Contractor shall promptly notify the City in writing of the existence of such conflict of interest.  Offset for Overdue Fees, Taxes, Etc. Pursuant to Executive Order of the Mayor of Birmingham No. 76-09 (effective as of August 21, 2009), Contractor acknowledges and agrees that the City has the right to deduct from the total amount of consideration to be paid, if any, to Contractor under the contract all unpaid, delinquent, or overdue license fees, taxes, fines, penalties and other amounts due the City from Contractor.  Immigration Act Compliance. (a) Contractor represents and warrants that it does not knowingly employ, hire for employment, or continue to employ, in Alabama, an “unauthorized alien,” as defined by the Beason-Hammon Alabama Taxpayer and Citizen Protection Act, §31-13-1, et seq., Code of Alabama 1975, as amended (the “Act”).     (b) Contractor represents and warrants that it will enroll in the E-Verify program prior to performing any services in Alabama and shall provide documentation establishing that Contractor is enrolled in the E-Verify program. During the performance of this Agreement, Contractor shall participate in the E-Verify program as required under the terms of the Act and shall verify every employee in Alabama that is required to be verified according to the applicable federal rules and regulations.     (c) By signing this Agreement, the contracting parties affirm, for the duration of the Agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting therefrom. 

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  Disadvantaged Business Enterprise Participation. Contractor acknowledges and agrees the City of Birmingham, as a matter of public policy, encourages participation of minority and women owned and other disadvantaged business enterprises to the maximum extent possible. This policy includes historically under-utilized business enterprises (HUBE’s) such as architectural firms, engineering firms, investment banking firms, other professional service providers, and construction contractors as part of the City’s business, economic and community revitalization programs.   Notices. Any notice, request, demand or other communication required to be given or made in connection with this Agreement shall be (a) in writing, (b) delivered or sent (i) by hand delivery, evidenced by a signed, dated receipt, (ii) postage prepaid via certified mail, return receipt requested, or (iii) overnight delivery via a nationally recognized courier service, addressed as follows Section and Other Headings. The section and other headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.   Nondiscrimination. During the performance of the contract Contractor agrees as follows:  (a) Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, gender identity, sexual orientation, disability, familial status, or national origin. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, gender identity, sexual orientation, disability, familial status, or national origin. Such action shall include but not be limited to the following: Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.  (b) In the event of Contractor's noncompliance with the nondiscrimination clauses of this Agreement, this Agreement may be canceled, terminated or suspended in whole or in part and Contractor may be declared ineligible for further municipal contracts.  No Assignment. Contractor may not assign its rights, obligations or the benefits of the contract to any third party without the written consent of the City, which consent may be withheld for any reason, and any purported assignment or other disposal without such prior written consent shall be null and void.   Limitation of Liability/Exclusion of Consequential Damages. CONTRACTOR AGREES AND ACKNOWLEDGES THAT, IN THE EVENT IT ASSERTS OR MAKES ANY CLAIM, DEMAND OR ACTION OF ANY TYPE AGAINST THE CITY ARISING FROM ITS ALLEGED BREACH OF THE AGREEMENT OR ITS FAILURE TO PERFORM ANY OF 

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ITS OBLIGATIONS HEREUNDER, THE MAXIMUM AMOUNT THAT CONTRACTOR MAY RECOVER FROM CITY AS DAMAGES IN ANY SUCH ACTION IS LIMITED TO CONTRACTOR’S ACTUAL DAMAGES THAT DIRECTLY ARISE FROM THAT BREACH AND ARE PROVEN IN A COURT OF LAW. CONTRACTOR AGREES AND ACKNOWLEDGES THAT THE COMMERCIAL TERMS HEREIN WERE PROPOSED AND BASED ON THE ASSUMPTION THAT THIS SPECIFIC LIMITATION IS APPLICABLE, AND THAT THE CITY WOULD NOT HAVE ENTERED INTO THE CONTRACT WITHOUT ITS INCLUSION. IN NO EVENT WILL CITY BE LIABLE TO CONTRACTOR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR OTHER SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, ADVANTAGE, SAVINGS OR REVENUES OR FOR INCREASED COST OF OPERATIONS.   No Waiver. The City’s delay in enforcing or exercising or failure to enforce or exercise any provision of this Agreement or rights existing hereunder shall not in any way be construed as or constitute a waiver of any such provision or right, or prevent the City thereafter from enforcing each and every other provision or right of this Agreement. Any express waiver of any obligation by The City in any one instance shall not limit or waiver in any other instance.   Severability. All provisions, terms and conditions of this Agreement shall be deemed to be severable in nature. If, for any reason, the provisions contained herein are held to be to any extent invalid or contrary to the Constitution of the State of Alabama or any statute or applicable law, then to the extent that such provisions are, or shall be, valid and enforceable under applicable law, then this Agreement shall be construed and interpreted to provide for maximum enforceability under applicable law.   Applicable Law; Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of Alabama,without regard to the conflict of laws provisions thereof and, in the event of dispute the venue of any action brought hereunder shall be in Circuit Court of Jefferson County Alabama,and the parties expressly waive any objections to the same on any grounds, including venue and forum non conveniens.    Prohibition Against Boycotting. By signing this Agreement, the Contractor certifies that it is not currently engaged in, and for the duration of this Agreement will not engage in, the boycott of a person or an entity based in or doing business with a jurisdiction with which this state enjoys open trade.    Entire Agreement. This Agreement constitutes the entire agreement between the parties and no modifications hereof shall be effective unless executed in writing by duly authorized personnel of 

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the parties hereto. All previous communications between the parties, whether verbal or written, with reference to the subject matter hereof are hereby superseded by this Agreement. 

                                 

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Appendix F: General Legal Information 

1. Incurring Cost. The City shall not be liable for any costs incurred in the preparation and production of a proposal in response to this RFP or for any work performed prior to the award and execution of a contract.  2. Rejection of Proposals. This RFP does not commit the City to award a contract, or to procure, or to contract for services or supplies. Notwithstanding any other provisions of this RFP, the City reserves the right to award contract(s) to the Applicant(s) that best meet the requirements of the RFP, and not necessarily to the lowest priced proposal. The City reserves the right to accept or reject any or all proposals received as a result of this request; to negotiate with all qualified sources; or to cancel in part or in its entirety this RFP if it is in the interests of the City to do so. The City may require the Applicant selected to participate in negotiation and to submit any price, technical, or other revisions, or their proposals as may result from negotiations.  3. Addenda to Request for Proposals. Amendments to this RFP may be necessary prior to the closing date and will be furnished by mail to all prospective Applicants who have requested these materials.  4. Contract Negotiations. The City intends to enter into contract negotiations with the selected Applicants who shall be required to enter into a written contract with the City in a form approved by legal counsel for the City. The contract typically includes, without limitation, the standard clauses set forth in Appendix E above labeled “Standard Clauses For City Contracts”. This RFP and the proposal, or any part thereof, may be incorporated into and made a part of the contract. The contract may contain provisions not contained herein.  The City reserves the right to negotiate the terms and conditions of the contract with the selected Applicant(s). These negotiations could include all aspects of services and fees. Neither the selection of an Applicant nor the negotiation of the contract with such Applicant(s) shall constitute the City’s acceptance of the proposal or a binding commitment on behalf of the City to enter into a contract with such Applicant(s), as any binding arrangement must be set forth in the contract signed by both parties and is subject to all requisite approvals including, but not limited to, approval by the Birmingham City Council. If the City and the selected Applicant cannot negotiate a successful contract, the City may terminate negotiations and begin negotiation with the next selected Applicant. This process will continue until a contract has been executed or all proposals have been rejected. No Applicant shall have any rights against the City arising from such negotiations.  5. Additional Information. The City may award a contract based upon proposals received without 

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discussion of such proposals with the Applicants. Each proposal, therefore, should be submitted in the most favorable terms that the Applicants can offer the City from a price and technical standpoint. However, the City reserves the right to request additional data or oral discussions or presentations in support of written proposals from any and all of the Applicants. In addition, the City reserves the right to make on-site visits to the Applicant’s place of business to assess and/or evaluate Applicant’s qualifications.  6. Public Disclosure. Subject to applicable law or regulations, the content of each Applicant’s proposal shall become public information upon the effective date of any resulting contract.  7. Independent Price Determination. By submission of its proposal, the Applicants certify (and in the case of a joint proposal, each party thereto certifies as to its own organization) that, in connection with procurement:  A. The prices in the proposal have been arrived at independently, without consultation, communication, or agreement for the purpose of restricting competition, as to any matters relating to such prices with any other Applicant or competitor; and  B. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the Applicants prior to award, directly or indirectly, to any other Applicant or competitor; and  C. No attempt has been made or will be made by the Applicant to induce any other person or firm to submit or not to submit an proposal for the purpose of restricting competition; and  D. No elected or appointed official or employee of the City shall benefit financially or materially from this contract. The City may terminate this contract if gratuities were offered or given by the Applicant or his or her agency to any such official or employee.  8. Ownership of Information. All materials submitted in response to this Request for Proposals will become the property of the City.  9. Examination of Records. In submitting a proposal, the successful Applicant agrees that the City shall have access to and the right to examine directly all pertinent documents, papers and records of the Applicant and/or any sub-Applicant as related to any contract and/or subcontract resulting from this RFP until three years after final payment has been made pursuant to any contract awarded as a result of the City ’s acceptance of proposal.  10. Subcontracting. The Applicant will be responsible for the entire contract performance. The 

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Applicant must indicate in the RFP if it intends to use a sub-contractor for any part of the work. If so, the Applicant shall identify each subcontractor by name, business address and expertise, and must include the name(s) of the principal(s) of the subcontracting entity. A full description of the tasks to be performed by the sub-contractor must be included. The Applicant will not be permitted to subcontract any part of the contract or any of the rights and obligations hereunder without the prior written approval of the City.   11. Negotiated Changes. In the event that negotiated changes occur after the awarding of the contract, the same pricing policies called for in the original contract will remain in effect.  12. Disclaimer. The City and its elected and appointed officials, respective officers, directors, agents, members and employees make no representation or warranty and assume no responsibility for the accuracy of the information set forth in this RFP. Further, the City does not warrant nor make any representations as to the quality, content, accuracy or completeness of the information, text, graphics, links or other facet of this RFP once it has been downloaded or printed from this or any server, and hereby disclaims any liability for technical errors or difficulties of any nature that may arise in connection with the website on which this RFP is posted, or in connection with any other electronic medium utilized by respondents or potential respondents in connection with or otherwise related to the RFP.  13. Misrepresentations. The contract shall provide that in the event of any material misrepresentation by the Applicant contained in its proposal, City shall have the right to immediately terminate the agreement. It shall also provide that in the event the Applicant or any of its principals are convicted of a misdemeanor or felony during the term of the agreement, that the City shall also have the right to terminate the agreement.  14. Disadvantaged Business Enterprise (DBE). Contractor acknowledges and agrees that, consistent with federal law and City’s public policy, it will encourage disadvantaged business enterprise (DBE) participation to the extent permitted by law. A “disadvantaged business enterprise” is a for-profit small business concern (i) at least 51% owned by one or more individuals who are both socially and economically disadvantaged or, in the case of a corporation, in which 51% of the stock is owned by one or more such individuals; and (ii) whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. In accordance with federal law, a “socially and economically disadvantaged individual” includes African-Americans, Hispanic Americans, Native Americans, Asian-Americans, women, and any additional groups designated as socially and economically disadvantaged by the federal Small Business Administration.  15. Business License. In the event Applicant is selected for award of a contract, Applicant must 

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provide the City of Birmingham a copy of its current City of Birmingham business license no later than seven (7) working days of receipt of such notice of award. Failure to submit the requested information will result in the notice of intent to award being revoked. A copy of Applicants business license may be submitted along with the proposal.   16. Statement of Compliance with Alabama Code Section 31-13-9. Applicants awarded contracts shall participate in the E-Verify program as required under the Beason-Hammon Alabama Taxpayer and Citizen Protection Act. Applicants shall agree to comply with all applicable provisions of the Act. As a condition for the award of any contract, Applicant shall provide documentation establishing that Applicant is enrolled in the E-Verify program. Applicant may submit applicable documentation with its proposal or no later than seven (7) working days of receipt of notice of intent to award a contract.  17. Non-Collusion. By submitting a proposal, an Applicant will be deemed to covenant and declare that it has not employed any person to solicit or procure an agreement with the City and that the Applicant has not made, and will not make, any payment of any compensation for the procurement of an agreement.   AWARD OF CONTRACT The City shall select firms by means of a notice of award issued by the IEO. Neither the selection of a firm nor the issuance of a Notice of Award shall constitute the City’s acceptance of the proposal or a binding commitment on behalf of the City to enter into a contract with the firm, as any binding arrangement must be set forth in definitive documentation signed by both parties and shall be subject to all requisite approvals. 

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